Penobscot Valley High School

Reporting Child Abuse and Neglect

Maine
School Administrative District No. 31

REPORTING
CHILD ABUSE AND NEGLECT

I. DEFINITIONS

A. Child abuse or neglect.
Child abuse or neglect is defined by Maine law as “threat to a
child’s health or welfare by physical, mental or emotional injury
or impairment, sexual abuse or exploitation, deprivation of essential
needs or lack of protection from these, or failure to ensure
compliance with school attendance requirements under Title 20-A”
(specifically when a child who is at least seven years of age and has
not completed grade six, has the equivalent of seven full days of
unexcused absences or five consecutive school days of unexcused
absences during a school year).

B. Person responsible for the
child. A “person responsible for the child” means a person with
responsibility for a child’s health or welfare, whether in the
child’s home or another home or a facility which, as part of its
function, provides for the care of the child. It includes the child’s
parent, guardian or other custodian.

II. EMPLOYEES’ DUTY TO REPORT

Any
employee of the school unit who has reason to suspect that a child
has been or is likely to be abused or neglected must immediately
notify the building principal.

In
addition to notifying the building principal, the employee shall
complete the Suspected Child Abuse and Neglect Reporting Form
(JLF-E) and make a report directly to the Department of Health and
Human Services (DHHS) or the District Attorney (see also Section
III.B which provides further information about reporting to DHHS
and/or the District Attorney).

The
employee shall submit a copy of the completed Suspected Child Abuse
and Neglect Reporting Form (JLF-E) to the building principal.

III. ADMINISTRATOR REPORTING ANDCONFIRMATION DUTIES

All
building administrators and the Superintendent are designated agents
to make child abuse and neglect reports.

If
a Superintendent/building administrator receives the report of
suspected abuse or neglect, he/she shall notify the Superintendent
immediately.

The
Superintendent/building administrator shall then make a verbal and
written report(s) of suspected abuse or neglect to DHHS. In
addition, if the person suspected is not the parent, guardian or
other custodian of the child, the Superintendent/building
administrator shall also make a report to the District Attorney.

The
reporting administrator must complete the Suspected Child Abuse or
Neglect Form (JLF-E).

Completed
JLF-E forms will be retained by the school unit for ten years, as
specified in the Maine Archives Rules, along with any other
information relevant to the case.

IV. INTERNAL
INVESTIGATIONS AND DISCIPLINE

Employees.
If the person suspected of abuse or neglect is an employee, the
Superintendent/designee shall investigate and take appropriate
action, in accordance with applicable Board policies, collective
bargaining contracts, and federal and state laws.

Students.
If the person suspected of abuse or neglect is a student, and the
abuse or neglect occurred on school premises, during a school
activity, or is otherwise related to the school, the
Superintendent/designee shall investigate and take appropriate
action, in accordance with applicable Board policies and federal and
state laws.

V. INTERVIEWS
OF CHILD AND SCHOOL PERSONNEL

DHHS
personnel shall be permitted to meet with and interview the child
named in the report when the child is present at school as provided
in this section. The building administrator or designee shall:

A. Require
the DHHS employee requesting to interview the child to provide
written certification that in the Department’s judgment, the
interview is necessary to carry out its duties;

B. Request
that the DHHS caseworker discuss the circumstances of the interview
and any relevant information regarding the alleged abuse or neglect
with the child’s teacher, guidance, school nurse, social worker or
building administrator as the caseworker deems is necessary to
provide needed emotional support to the child prior to and following
the interview;

C. Not
place conditions on how the interview is conducted, including, but
not necessarily limited to requiring that certain persons be present
during the interview; prohibiting certain persons from being present
during the interview; and requiring notice to or consent from a
parent or guardian;

D. Provide
an appropriate, quiet and private place for the interview; and

E. Not
disclose any information about DHHS’s intention to interview the
child except to school officials or the school’s attorney who need
the information to comply with the interview request.

VI. CONFIDENTIALITY
OF INFORMATION AND RECORDS

All
records, reports and information concerning alleged cases of child
abuse and neglect shall be kept confidential to the extent required
by Board policies and applicable law.

The
building principal/designee is permitted to release a child’s
school records without prior consent of the parent/guardian to DHHS
or law enforcement officials as necessary to protect the health or
safety of the child or other individuals under federal law.

VII. TRAINING

Any school unit employee who is
required to make a report shall, at least once every four years,
complete mandated training approved by DHHS.

VIII. GOOD
FAITH IMMUNITY FROM LIABILITY

Any
person who in good faith reports, or participates in the
investigation or proceedings of a child protection investigation is
immune from any criminal or civil liability for the act of reporting
or participating in the investigation or proceeding. Good faith does
not include instances when a false report is made and the person
knows the report is false.